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Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer - Politics (4) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer (9783 Views)

Failure To Win 25% In FCT: It Was An Error To Declare Tinubu Winner Says SANs / Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer / Coronavirus: Concerns As Tinubu Fails To Self-isolate After UK Trip (2) (3) (4)

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Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by pquaver(m): 11:23am On Feb 28, 2023
FarahAideed:


Interesting

And makes FcT a state.. Meaning u can get your 25% from 37 states ( Nigeria has 36 states plus FcT in this context FcT is another state)
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by wegevv: 11:24am On Feb 28, 2023
pquaver:

So did Buhari make 25% in Abuja last time? Asking can't remember..

Yes he did

1 Like

Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by MikeofAfrica: 11:24am On Feb 28, 2023
seunmsg:
There is no ambiguity anywhere. In interpreting a law, we look at the intention of those that made the law. What is their intention? Very simple and straightforward, ensure a candidate that will be elected president is popular and get good votes all over the country and not just in his clannish region. So, the law did not specify a particular state so there is no sense to n insisting that a candidate must get 25% in FCT if he has gotten 25% in 25 states already.

Any candidate that score a simple majority and has 25% in 25 states has met the requirement of the law and will be returned elected.

You are interpreting the Constitution base on your emotions.

The Constitution says that for a candidate to win a presidential election, he has to get 25% in two-third states and the FCT.

" And" in that context means in addition to the earlier provision. Hence the candidate must also get 25% in FCT. If that is not necessary, the words " including the FCT " will have been used intead of " and the FCT".

It is necessary for a president to get 25% in FCT because he will appoint the minister of FCT since FCT has no Governor. If he fails to get 25% in FCT, then it means he is unpopular in FCT and cannot be entrusted with such right.

3 Likes

Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by IamANigerianMan: 11:25am On Feb 28, 2023
Bestmanfornow:

You're ignorant

Section 134 of the Constitution provides as follows:

(1) A candidate for an election to the office of President shall be deemed to have been duly elected, where, there being only two candidates for the election –

(a) he has the majority of votes cast at the election; and

(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

(2) A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election-
Oga, the law is very clear, Tinubu cannot be declared winner.
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by bazoodo: 11:25am On Feb 28, 2023
Agbadoeater:
Stop this self delusion!!!


You only need to win 25% in 24 states. FCT is not compulsory, it is English that is affecting some people.
you wrong. Section 299 of the constitution states that for the purpose of this constitution the FCT is regarded as a State. So this means the states are 37 states and you must get 25. Now why then does the constitution go on to list the FCT ?? When it had stated that you score 2/3 of all States??
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Firstcitizen: 11:26am On Feb 28, 2023
bazoodo:
Nah it's simple. The FCT isn't counted as a state. You just need 25 percent in 25 states

cheesy cheesy
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by pquaver(m): 11:27am On Feb 28, 2023
wegevv:


Yes he did

Ok
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Skypeaceconsult: 11:27am On Feb 28, 2023
Even the constitution has out-lived us all. Difficult to comprehend. It needs review asap. It's only INEC will explain. Every English in that section of the constitution is in contrast to each other. Constitution was mop up with queen English to confuse us. Our eyes and attention to details are awaken. Nigerians are intelligent no doubt.
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Christistruth00: 11:27am On Feb 28, 2023
IamANigerianMan:

Oga, the law is very clear, Tinubu cannot be declared winner.

Give it a few more hours

Tinubu will be declared the President Elect after 24 years of doing his Political Homework

Tinubu needs to even write a Textbook on Nigerian Politics
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by pquaver(m): 11:28am On Feb 28, 2023
wegevv:


Yes he did

Sorry about my use of words.. Go school.. I take it back.. Its not needed... But FcT is included in Nigerian states
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Upworkwriter007(f): 11:29am On Feb 28, 2023
Bestmanfornow:

You're ignorant

Section 134 of the Constitution provides as follows:

(1) A candidate for an election to the office of President shall be deemed to have been duly elected, where, there being only two candidates for the election –

(a) he has the majority of votes cast at the election; and

(b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.

(2) A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election-
2/3 in all the states and the FCT. Or 2/3 in all the states including the FCT. These two are diff, you know right? FCT is not a state, thus, to include FCT in there it has to be written that way. This is basic English sir.
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Emmy909: 11:29am On Feb 28, 2023
FatherOfJesus:
there's a video I watch on CNN, I am trying to find it. It specifically states that the winner must score 25% in FCT. Let me try and find it

My question is if a candidate win 30% or 40% in 28 states in nigeria, does he need Abuja to be declared winner

Leave all this confusing law and CNN.
Election is about numbers. The highest win.
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Jostoman: 11:30am On Feb 28, 2023
IyaebeTheGreat:
Don’t ever underestimate the powers of collective prayers. Let’s pray for better times ahead. Let’s all shun violence in any form
Abeg get out
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Nobody: 11:30am On Feb 28, 2023
Jostoman:
Abeg get out
It is well
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by FatherOfJesus: 11:31am On Feb 28, 2023
Emmy909:


My question is if a candidate win 30% or 40% in 28 states in nigeria, does he need Abuja to be declared winner

Leave all this confusing law and CNN.
Election is about numbers. The highest win.
me I don't know 😂😂

I am also here looking for explanation

1 Like

Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by wegevv: 11:31am On Feb 28, 2023
pquaver:

Oga go and learn English.. The context of FcT is that it is like a state in Nigeria.. You and too look at where this has been used before.. 36 State and FcT that means FcT is like another state.. Simple interpretation is u have the chance to get 25% in 24 states from the possibility of 36 states and FcT..
So did Buhari make 25% in Abuja last time? Asking can't remember..

FCT is not a state. That is the fact. It has no gubernatorial elections or Governor. The president appoints a minister instead.

In English language you cannot group two different things like that. If you want to, you need to be more explicit.
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by FatherOfJesus: 11:32am On Feb 28, 2023
Upworkwriter007:
2/3 in all the states and the FCT. Or 2/3 in all the states including the FCT. These two are diff, you know right? FCT is not a state, thus, to include FCT in there it has to be written that way. This is basic English sir.
lol 😂

Confusion 😂😂🤣
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Nobody: 11:32am On Feb 28, 2023
Oya State and Capital
Abia Umahia
Akwa Ibom Uyo

Oya Country and Capital
Nigeria Abuja
USA Washington DC

Abuja is the capital of a country not a state.

It's clearly called the Federal Capital Territory, the word Federal should be emphasize.

Even programmers knows the difference between "Or " and "And" statement.

And means all the conditions must be meant

Or Some of the conditions could be meant

shikena

2 Likes

Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Nice2023(m): 11:34am On Feb 28, 2023
FatherOfJesus:
them Don announce result. The whole thing now dey confusing because that part of the constitution no clear.

Even lawyers no understand



When animals in u uniforms writes u a constitution,what do u expect?

I said this before now,and some yorubas were abusing me and were referring to Buhari and I told them that,Buhari didn't use the new electoral act and moreover he got up 25 as required by law.
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by FatherOfJesus: 11:34am On Feb 28, 2023
ejimatic:
APC will be declared winner . Aggressive parties will go to court and the Supreme Court Wiill inteorete it as optiona to satisfy the two requirements.
okay but the person wey write this part no get sense
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by DeOTR: 11:35am On Feb 28, 2023
wegevv:


Chatgpt is an AI chatbot. Do you understand what that means? You clearly don't

If you have used it for anything complex you won't say the nonsense you just said lol

But let me see if I can help you understand simple English since you don't want to believe chatgpt:

My friend is in University. He has a course about the Nigerian Constitution.

The lecturer just told him that to pass the course I needs to get 25% in 2/3 of all his projects and his exam.

He has 36 projects. Does this mean he can pass in 25 projects but fail his exam and still pass the course?


Of course not. English is very simple. Projects and Exam are different things just like States and FCT are different. If you think that the people that wrote the constitution made a mistake that is your problem.

But the English is beyond clear. And chatgpt understands that.

You're welcome ❤️
Again, ChatGPT is not a reliable interpreter of our law. Like I told someone days ago, our Court of law will clear our doubts if the need arises.
It's a common knowledge that the narrative being peddled is that a President elect must have at least, 25% in the FCT. You don't expect ChatGPT to think differently do you?
See, I'm a professional Software Engineer myself and I started out as a Data Science and Machine Learning. The AI was taught with information that are available.
I hope you know there's a disclaimer in ChatGPT?
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by lovewins: 11:36am On Feb 28, 2023
Emmy909:


My question is if a candidate win 30% or 40% in 28 states in nigeria, does he need Abuja to be declared winner

Leave all this confusing law and CNN.
Election is about numbers. The highest win.

Even the APC folks who are saying it doesn't matter now assumed they got the 25% required in FCT. They are pandering because now it isn't in their favour.

I however think this is new territory because everyone elected president hitherto has always satisfied the 25% in Abuja. The courts or INEC might need to interpret.

Prior to the election I remember this was a question asked top lawyers in the country and they had conflicting interpretation of said provision.

We'll have to wait till then
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Wiseandtrue(f): 11:37am On Feb 28, 2023
grin grin grin grin is this your own translation Keep turning and twisting undecided
bazoodo:
Nah it's simple. The FCT isn't counted as a state. You just need 25 percent in 25 states
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by seunmsg(m): 11:37am On Feb 28, 2023
MikeofAfrica:


You are interpreting the Constitution base on your emotions.

The Constitution says that for a candidate to win a presidential election, he has to get 25% in two-third states and the FCT.

" And" in that context means in addition to the earlier provision. Hence the candidate must also get 25% in FCT. If that is not necessary, the words " including the FCT " will have been used intead of " and the FCT".

It is necessary for a president to get 25% in FCT because he will appoint the minister of FCT since FCT has no Governor. If he fails to get 25% in FCT, then it means he is unpopular in FCT and cannot be entrusted with such right.


The federating units are anyways described as 36 states and the FCT. Like is said, the intention of the law is what we should look at and not the semantics. Btw, the court will adjudicate so no problem at all.

1 Like

Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by IamANigerianMan: 11:39am On Feb 28, 2023
Christistruth00:


Give it a few more hours

Tinubu will be declared the President Elect after 24 years of doing his Political Homework

Tinubu needs to even write a Textbook on Nigerian Politics
Who is going to make FCT 25% for him
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by highchief1: 11:40am On Feb 28, 2023
bazoodo:
Nah it's simple. The FCT isn't counted as a state. You just need 25 percent in 25 states
agbakoba is OBIDIENT tinubu has the best of lawyers in the country including the judicial system.Tinubu will be declared winner
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by 0monnak0da: 11:41am On Feb 28, 2023
MikeofAfrica:


No doubt , Abuja is regarded as a state by the Constitution.

However in this case, Abuja was given a special status.

The Constitution states that to win the election, you must have 25% in two- third states and FCT.

Hence after having 25% in two- third states excluding FCT, you are also to get it in FCT.

The word "and" means " in additional " in the context of that section of the Constitution. If you do not need to get 25% in FCT, the world " including the FCT" will have been used instead of "and the FCT".
That is your opinion there is no point badgering me with it.
I do not buy it and I have no interest in changing your opinion
So this is pointless
I expect the court to resolve it
Re: Tinubu Fails To Make 25% In FCT, It All Becomes Complicated Now- A Lawyer by Kenfe: 11:41am On Feb 28, 2023
Olorun, gbe wan handicap. lol. i wonder why a SAN like Agbakoba will be asking inec chairman for interpretation of the law. Someone that can not even understand simple electoral law.

Section 299 recognizes FCT as a state. true, but for the purpose of the matter of election, section 134 says 25% of votes in two third states[b] and [/b]the FCT. And been defined by the dictionary as something taken jointly, joint consideration.....so what it means to be declared winner you must have the highest votes, and have 25% of votes in 24states where the FCT must be one of the states.

The APC have not fulfilled this requirement, and in the spirit of fairness and justice with all the rubbish that mahmood have been doing, this is like God given him a third chance to redeem his reputation. A run off between the Apc and the next candidate with majority votes in more state in this case the LP should be conducted asap. This time we go know the truth.

Good day.

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